ABIBURRAHMAN ALIAS HABIBURRAHMAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/1386/2025 · 2025-09-15
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18811 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1386 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Sri Raj Kamal Singh, learned Advocate holding brief of Sri Atul Kumar Shahi, learned counsel for the applicants and Sri Santosh Nigam, learned AGA for the State. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 30 of 2019 under Section 409, 420, 467, 468, 471, 120-B IPC and Section 8, 13(1)C Prevention of Corruption Act, 1988 Police Station-EOW, Sector-Meerut, District-Meerut, with a prayer to enlarge them on anticipatory bail. 3. Learned counsel appearing on behalf of applicants submitted that however, as per allegation, applicants and others misappropriated the public fund related to the scholarship amount of the students but entire allegation levelled against the applicants is totally false. 4. He further submitted that during investigation, applicants fully cooperated with the investigation but I.O. after six years started making attempt to arrest them and thereafter when applicants filed the instant anticipatory bail application then on 03.03.2025 co-ordinate Bench of this Court was pleased to enlarge them on interim anticipatory bail. 5. He further submitted that now charge sheet has been filed and therefore, custodial interrogation of the applicants is not required. 6. He further submitted that applicants are not having any criminal history. 7. He further submitted that considering the above facts, interim anticipatory bail granted to the applicants vide order dated 03.03.2025 may be confirmed Versus Counsel for Applicant(s) : Atul Kumar Shahi, Umesh Kumar Singh Counsel for Opposite Party(s) : G.A. Abiburrahman Alias Habiburrahman And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
and applicants may be permitted to remain on anticipatory bail till conclusion of trial. 8. Per contra, learned AGA however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10.
However, as per allegation, applicants and other accused persons misappropriated the scholarship amount of the students but it reflects, FIR was lodged in the year 2019 with regard to incident allegedly occurred in the year 2010-12 and in the year 2025, during investigation, I.O. tried to make arrest of the applicants and after considering all these facts, on 03.03.2025 Co-ordinate Bench of this Court was pleased to enlarge them on interim anticipatory bail. 11. Further, it appears, charge sheet has been filed and there is no allegation that applicants did not cooperate with the investigation. 12. Further, applicants are not having any criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail earlier granted to the applicants vide order dated 03.03.2025 is hereby confirmed. Applicants shall remain on anticipatory bail till conclusion of trial on the same conditions earlier imposed upon him by this Court vide order dated 03.03.2025. 14. The instant anticipatory bail application stands allowed. 15. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 KK Patel NABAIL No. 1386 of 2025 2 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad